Conduct of Litigation FAQs

CRL recognises that many CILEX members are concerned about past practice in the light of the Mazur judgement. CRL’s current position is that CILEX members practising in line with the prevailing guidance and their firms procedures in operation at the time pre-Mazur are not required to self-report to CRL.

If a complaint is made to CRL we will always consider the specific facts of a case, taking into account the factors relevant to the environment in which the professional is working. This includes taking into account any relevant information about guidance and procedures in place at the time.

You can check this in the CILEX Authorised Practitioners Directory.

As a Chartered Legal Executive, you are authorised as a Commissioner for Oaths and can exercise this right without supervision, provided you have a valid practising certificate. You can also carry out other non-reserved and non-regulated legal work without supervision.

If you wish to undertake any reserved or regulated legal activity, you will need a specific qualification and authorisation to do that, unless you are legally exempt. See the Reserved and Regulated Legal Activities section of our web page – Rights and responsibilities for more information.

We have produced some interim guidance about what you can and can’t do if you are not authorised in the conduct of litigation.

In short, if you do not hold litigation practice rights you can assist or support, but you can’t conduct litigation or conduct litigation under supervision. If you wish to conduct litigation, you need the relevant practice right.

The law is clear and the Mazur case has highlighted this. If you do not hold litigation practice rights you can only assist or support, but you can’t conduct litigation under supervision. If you wish to conduct litigation or conduct litigation under supervision, you will need to obtain practice rights. We are ensuring that all of our content is consistent and clear in this regard. CRL has published and regularly updated details of authorisation to conduct reserved and regulated legal services. Authorisation-to-conduct-reserved-and-regulated-legal-services.pdf

No, you need practice rights to conduct litigation or conduct under supervision.

There are instances where CILEX members can rely on applicable tribunal rules which may permit a party to appoint a representative who is not an authorised person under the Legal Services Act. If so, authorisation to conduct litigation is not required. It is your responsibility to check the applicable tribunal rules before conducting litigation if you do not hold the relevant practice rights.

This depends on your firm’s structure, and firms will need to satisfy themselves that they are compliant with the law, but you cannot conduct litigation without the  appropriate practice rights.

Although employment tribunals are within the definition of “courts” for the purposes of the Legal Services Act 2007, CILEX Fellows can, in most instances, rely on applicable tribunal rules, which permit a party to appoint a representative who is not an authorised person. If so, authorisation to conduct litigation is not required.

You can currently gain a combined practising certificate to conduct advocacy and litigation, which you will need if you wish to conduct litigation. There are two routes to do this: the portfolio route or the ULaw route, which can include training and assessment or assessment only. You will need to complete an additional advocacy skills course.

We recently consulted on introducing standalone litigation rights and have applied to the LSB to enable this.

We hope to introduce these new arrangements as soon as possible once LSB approval has been received. This will allow tailored courses and pathways for those who want litigation rights but don’t need advocacy rights.

No. Where an application is submitted under the current litigation and advocacy route and you inform CRL they want the application to be considered under the standalone litigation route (subject to LSB approval) your submission will be automatically considered under the new standalone route and you do not have to pay another fee.

There are various routes to gaining practice rights. You can pursue the portfolio route, where you demonstrate your experience of litigation, including assisting in and supporting the conduct of litigation. There are two further options under the ULaw route, including training and assessment, and assessment only.

For more information see – ULAW Route for independent practice rights for Chartered Legal Executives.

We are currently ensuring we are prepared to consider a large volume of applications within our existing time frames, whilst also maintaining standards – we cannot automatically provide you with practice rights simply based on the length of time you have spent working in litigation.

If you are planning to make an application, we urge you to start to put together your evidence in advance – the more comprehensive an application is, the more likely it is to be approved quickly.

We have guidance on applications, which is available here – Practitioner Application – CILEx Regulation.

The rights to conduct litigation and rights of audience certification rules set out the knowledge, skills and experience requirements that must be satisfied.

The requirements do not specify the context in which the evidence has been gained, including whether this has been gained through assisting with the conduct of litigation or doing so under supervision.  Rights-to-Conduct-Litigation-and-Rights-of-Audience-Certification-Rule-approved-October-2021.pdf

Yes. Whilst the provision to litigate is not included at Schedule 4 of the Legal Services Act 2007, the following documents should be read in conjunction with Schedule 4.

• The Legal Services Act 2007 (Approved Regulators) Order 2011.
• The Legal Services Act 2007 (Approved Regulator) (No 2) Order 2014.

CRL does not provide authorisation for legal work being carried out in the Court of Protection.

Please follow this link for further information.

Firms will need to satisfy themselves that they are compliant with the law. CRL has produced interim guidance which includes factors to consider that can and cannot be undertaken by someone who is not authorised for the conduct of litigation.